Overview of .EU Sunrise Validation Services for EUR id Bart Lieben, Legal Counsel, PricewaterhouseCoopers September 13,

1. Overview of .EU Sunrise Validation Services for EURidBart Lieben, Legal Counsel, PricewaterhouseCoopersSeptember 13, 2005 *connectedthinking

2. Agenda • Background of .EU • How Will the Validation of Prior Rights Take Place ? • Rules for .EU Domain Name Applications During Sunrise • Status, Way Forward & Timing • Q & A

3. Background

4. Legal Framework • Launch of e-Europe initiative by the European Council at its Lisbon meeting on March 23 and 24, 2000 • Decision to create a .EU top level domain • Regulation (EC) No 733/2002 of 22 April 2002 on the implementation of the .EU Top Level Domain (TLD) • Management of the .EU TLD to be awarded by the Commission to a non-for-profit “Registry” • Regulation (EC) 874/2004, laying down public policy rules concerning the implementation and functions of the .EU Top Level Domain and the principles governing registration .EU Sunrise Validation Services for EURid

5. Responsibilities of the Registry • May 21, 2003 • European Commission selects EURid to manage .EU TLD • Collaboration between DNS BE, IIT CNR and NIC SE • General obligations of EURid • Organise, administer and manage the .EU TLD • Register domain names in .EU through any accredited Registrar • Specific obligations of EURid prior to the launch of .EU • Organise Phased Registration (“Sunrise”) Period • Select Validation Agents and ADR Providers • Contract Registrars .EU Sunrise Validation Services for EURid

6. How Will the Validation of Prior Rights Take Place ?

7. Two « Types » of Domain Name Applicants • General Domain Name Applications • Cf. General and Specific Eligibility Requirements • Companies, physical persons, etc. • Validation process will be described in the following pages • Names and acronyms of Public Bodies • Validation will be done by Government Validation Points, individually appointed by each Member State/European Commission .EU Sunrise Validation Services for EURid

8. PwC Content Server VA Platform .eu Domain Name Applications Sunrise Database WHOIS Validation Process for General Domain Name Applications send confirmation of receipt + hyperlink to template cover page 3 1 notify receipt of documentary evidence Registrar 1 5 Registrar 2 updates Sunrise Database (WHOIS) 2 .eu Domain Name Applicants Registrar 3 6 Registrar X scanning centre provide documentary evidence on prior rights within 40 days after application 4 .EU Sunrise Validation Services for EURid

9. PwC VA Platform Sunrise Database WHOIS Validation Process for General Domain Name Applications Allocate file to PwC employee, native speaker participating in the project, trained to perform the validation of prior rights; quality control by IP experts In case domain name applicant is first in the queue for the domain name concerned and his documentary evidence has been received in time 8 positive or negative notification 7 instruction to validate + communicate metadata to VA Platform .EU Sunrise Validation Services for EURid

10. Questions to be Asked in the Validation Process • Is the Cover Page undersigned? • Does the name of the domain name applicant corresponds with the “holder of the prior right”? • Does the “prior right” invoked exist? • Does the domain name correspond with the name for which a prior right exist? • Does the documentary evidence substantiates the existence of a prior right over the domain name applied for? .EU Sunrise Validation Services for EURid

11. Sunrise Database WHOIS Validation Process for General Domain Name Applications Takes decision on basis of (positive or negative) notification by PwC 9 communicates decision Registrar 1 Registrar 2 .EU Domain Name Applicants updates Sunrise Database (WHOIS) Registrar 3 10 Registrar X .EU Sunrise Validation Services for EURid

12. For the record … • Elements of the contract with EURid • PwC receives • Fixed fee for handling documents (electronic + physical) and scanning • Variable fee for assessing applications • depending on prior right claimed • Service levels to be attained by PwC • Scanning capacity • Number of applications to be treated per day .EU Sunrise Validation Services for EURid

13. Rules for .EU Domain Name Applications during Sunrise

14. ADR Provider Contractual Framework Rules for .EU Applications During Sunrise Registrar 1 Validation Agent Agreement .EU Domain Name Applicants Registrar 2 ADR MoU Registrar 3 Registrar Agreement Registrar X .EU Sunrise Validation Services for EURid

15. What Are the Rules for .EU Sunrise Applications? • Rules to which domain name applicants must comply when applying for a .eu domain name during the Phased Registration Period • cf. Article 12(1), third § of Regulation 874/2004: “The Registry shall publish on its Web site two months before the beginning of the phased registration a detailed description of all technical and administrative manners that it shall useto ensure a proper, fair and technically sound administration of the phased registration period.” .EU Sunrise Validation Services for EURid

16. Rules During the Phased Registration Period • General Eligibility Requirements • cf. Article 4(2)b of Regulation 733/2002 • Specific Eligibility Requirements during Sunrise • cf. Article 10(1) of Regulation 874/2004 • List of acknowledged Prior Rights • cf. Article 10(1) second § of Regulation 874/2004 • List of documentary evidence acknowledged for each type of Prior Right • cf. Article 14, first § of Regulation 874/2004 .EU Sunrise Validation Services for EURid

17. General Eligibility Requirements Article 4(2) of Regulation 733/2002) “The Registry shall: (a) […] (b) register domain names in the .EU TLD through any accredited .EU Registrar requested by any: (i) undertaking having its registered office, central administration or principal place of business within the Community; (ii) organisation established within the Community without prejudice to the application of national law; or (iii) natural person resident within the Community.” .EU Sunrise Validation Services for EURid

18. Specific Eligibility Requirements (Article 10(1) of the Public Policy Rules) “Holders of prior rights recognised or established by national and/or Community law and public bodies shall be eligible to apply to register domain names during a period of phased registration before general registration of .eu domain [names] starts.” • What are these “prior rights”? .EU Sunrise Validation Services for EURid

19. List of Acknowledged Prior Rights (Article 10(1), second § PPR) “Prior Rights” shall be understood to include, inter alia, • Registered national and community trade marks, • Geographical indications or designations of origin, and • In as far as they are protected under national law in the Member-State where they are held: • unregistered trade marks; • trade names; • business identifiers; • company names; • family names; • distinctive titles of protected literary and artistic works. .EU Sunrise Validation Services for EURid

20. Issues concerning the list of acknowledged Prior Rights(Article 10(1), second § PPR) Public Policy Rules raise a number of interpretation problems: 1) Which registered trade marks are acknowledged? 2) Quid with signs in a non-standard typeface? Device (figurative) marks? 3) Licensees? 4) “The complete name for which the prior right exists”? 5) “Protected under national law in the member state where the prior rights are held”? .EU Sunrise Validation Services for EURid

21. Our Commitment towards the “Prior Rights” Community • Transparency: • It should be clear for a domain name applicant which evidence is to be provided to the Validation Agent • enable domain name applicants to access clear instructions prior to and following his application (direct communication) • EURid Accredited Registrars shall receive information on how to inform domain name applicants (indirect communication) • Keep (administrative) requirements to the minimum, and reduce possibility of abusive registration to the maximum .EU Sunrise Validation Services for EURid

22. Prior Rights and Documentary Evidence • Per member state, an overview will be given of • The prior rights that are considered protected • The documentary evidence that needs to be provided, and • The conditions that need to be fulfilled • Important: documentary evidence • Can only be couched in the official language of the EU indicated in the application / on the cover page • Administrative requirements • No staples, not folded, in A4 or letter format, … • Only first set received by PwC within 40 calendar days after receipt of the application by EURid will be considered .EU Sunrise Validation Services for EURid

23. Status, Way Forward & Timing

24. X Tentative Timetable Project Preparation Project Execution Drafting the Rules for Application & Validation Discussion with Interested Parties Finalisation of Sunrise Rules 2 months 2 months Phase 1 Phase 2 today Validation Ph. 1 Validation Ph. 2 min. 2 months Final Rules: end September 2005 (tentative) 4th Quarter (tentative) Start Phased Registration Period .EU Sunrise Validation Services for EURid

25. Q & A

26. Contact Information Bart Lieben, Legal Counsel PricewaterhouseCoopers Gen. Lemanstraat 67 2018 Antwerpen,Belgium E-mails: bart.lieben@pwc.be validation@pwc.be Web sites: http://validation.pwc.be http://www.eurid.eu .EU Sunrise Validation Services for EURid